perm2gc
06-16 05:52 PM
I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
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glus
11-19 01:06 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
gc_in_30_yrs
01-22 06:59 PM
"thank you" looks a small word but it is the only word i have to convey my thanks.
fighters wont stop fighting until they win.
we are fighters.
fighters wont stop fighting until they win.
we are fighters.
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gcnotfiledyet
02-24 04:35 PM
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
more...
ArunAntonio
06-19 12:44 PM
Well, when you applied in the past the whole world was not current.. just imagine the number of people who will be applying for EAD's not that any one with an approved labor can get one ... do you think the USCIC is equipped to respond timely to every one?
There sure will delays and we need to plan for that.
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
There sure will delays and we need to plan for that.
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
Alabaman
03-26 07:36 PM
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
more...
snowcatcher
01-28 08:57 AM
Hi Viva, Great positive attitude. Just dont give up. And dont ask me why the delay so far? Here goes my contribution after the challenge from you and a nudge from my friend Bhaskar_s. I pledge $27 every month. I am going to use the bill pay from my account and send in the funds. Thank you and again don't give up.
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deba
10-27 10:36 AM
Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.
Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07
more...
uma001
03-26 02:13 PM
WHy there are no replies in this thread
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jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
more...
9411b
12-04 03:28 PM
Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
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vicks_don
01-23 08:22 AM
You guys are great Leaders...
more...
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Dhundhun
06-24 10:02 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
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JazzByTheBay
09-05 10:43 PM
all the best jazz..
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
Thanks!
I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.
As expected, I was asked to go to secondary inspection.
Handed them the passport, I-94 and AP.
(Saw others handing over wads of paperwork... )
Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.
I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)
jazz
more...
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skarthy
07-17 07:42 AM
Hi all,
It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?
I got my receipt and credit card - money withdrawn.
Thanks
It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?
I got my receipt and credit card - money withdrawn.
Thanks
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sammyb
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
then it may hurt you ... but again it depends on company to company ...
Any ideas?
then it may hurt you ... but again it depends on company to company ...
more...
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franklin
07-05 01:40 PM
I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.
So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)
You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.
When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.
There is easily enough demand from ROW all categories combined to make up the difference.
This is assuming, of course, that the 7% country limits were observed.
btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.
So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)
You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.
When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.
There is easily enough demand from ROW all categories combined to make up the difference.
This is assuming, of course, that the 7% country limits were observed.
btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)
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gunabcd
07-16 02:26 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Dear hk196712:
This means your application for political asylum will be rejected, because you are a minority woman from Iraq, you filed in EB7 category, your priority date is 2012 and you sent your application in 1956 to Tel Aviv instead of Nebraska. Thus your job as a victoria secret model wearing burkha is in danger, you should apply for Z visa.
Hope this turns on a bulb in your head.
Thanks
Dear hk196712:
This means your application for political asylum will be rejected, because you are a minority woman from Iraq, you filed in EB7 category, your priority date is 2012 and you sent your application in 1956 to Tel Aviv instead of Nebraska. Thus your job as a victoria secret model wearing burkha is in danger, you should apply for Z visa.
Hope this turns on a bulb in your head.
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sanjay02
10-17 07:00 PM
Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?
payur
09-07 02:50 PM
As I understand, your GC application is based on your husband's I-140.
Does your husband work for a different employer or the same employer as yours?
If different, you can kick your employer's A$$ and they can't do a thing.
If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.
If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..
BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..
What a co-incidence....:):):)
Does your husband work for a different employer or the same employer as yours?
If different, you can kick your employer's A$$ and they can't do a thing.
If same, they may be blackmailing you because your husband's GC depends on them for some time - 3 more months.
If it is the second case, why don't you just work on H1 for the next 3 months and then do whatever you want..
BTW, he can not do any damage to you or your pending GC in any way by cancelling your H1.. Doing it will put them in bad light for wasting a precious H1 visa by misrepresenting the facts..
What a co-incidence....:):):)
jsb
10-30 12:13 PM
^^^^^^bump^^^^^
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
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